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    <title>2006 (1) TMI 380 - CESTAT, MUMBAI</title>
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    <description>Where an exemption notification required that Modvat credit not be availed on inputs imported under the advance licence scheme, violation of that condition was treated as affecting only the availability of the exemption benefit. The Tribunal followed its earlier view that the Revenue could not compel reversal of credit that had otherwise accrued merely because the notification condition was breached. As the demand was founded on such compelled reversal, the demand was held unsustainable and the connected penalty was set aside.</description>
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    <pubDate>Tue, 10 Jan 2006 00:00:00 +0530</pubDate>
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      <title>2006 (1) TMI 380 - CESTAT, MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=117374</link>
      <description>Where an exemption notification required that Modvat credit not be availed on inputs imported under the advance licence scheme, violation of that condition was treated as affecting only the availability of the exemption benefit. The Tribunal followed its earlier view that the Revenue could not compel reversal of credit that had otherwise accrued merely because the notification condition was breached. As the demand was founded on such compelled reversal, the demand was held unsustainable and the connected penalty was set aside.</description>
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      <pubDate>Tue, 10 Jan 2006 00:00:00 +0530</pubDate>
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